The legal effect of the L.R. information

Home / European Land Registry Network / Portugal / The legal effect of the L.R. information

1. What is the probative value of the LR information sheet? Does the national law provide it with special legal nature, like a public document or authentic act? Are there different types of LR Information with different degree of value?

Portuguese immovable property registry system lays on a title system. According to the article 7th of the LRC the land registry generates the legal presumption (iuris tatum) that the right exists and belongs to the registered holder within the terms on defined by the registry entry.

The certified information from the Land Registry is a public authentic document, which means it provides full proof of the facts contained therein.

Different types of LR information with different degree of value:

  • Certificates in paper, and permanent Certificate (online)  are authentic forms of certified information.
  • Simplified immovable property information (online) and uncertified photocopies are uncertified forms of information with no legal value.

2. What is the degree of reliability of the information? Which are the effects given by the legal provisions in each country to this information, should it be necessary to carry out further investigations?

As already mentioned before, the land register generates a presumption of the existence of the rights and charges registered and the certificates issued are authentic documents. There is no need for further investigation.

3. Are there any hidden liens?

It depends on what we consider hidden charges. There are some urban constraints and credit privileges not included in the register.

4. Is the description of the hidden liens exhaustive?

No.

5. What effect does the issuing of the excerpt from the Land Register has over the land registry system?

The issuing of the excerpt from the Land Book has no effect over the land registry system.

6. Is an excerpt from the Land Register necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry?)

Yes, the certified information from the Land Book is necessary and sufficient for the assignment of the property right of an immovable.

7. Does the excerpt from the Land Book issued especially for real estate transaction have different effects from the excerpt from the Land Book normally issued?

No.